MINUTES

REGULAR MEETING - BOARD OF TRUSTEES

March 3, 1997

In accordance with the terms and provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code, the Board of Trustees of the Austin Community College District convened in public session at 5:40 p.m. in Room 201 of the District Administration Office located at 5930 Middle Fiskville Road, Austin, Texas, with the following members present: Carol Nasworthy, Chair/Presiding Officer; Lillian J. Davis, Secretary; Beverly Watts Davis; Hunter Ellinger; Sharon Knotts Green; Allen Kaplan; Della May Moore (arrived at 5:45 p.m.); and John Worley. Absent was Mack Ray Hernandez.

It is further found and determined that in accordance with the policies and orders of this Board, the notice of this meeting has been posted and return thereof made pursuant to the terms and provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code, and there has been full compliance with the terms and provisions of said act, including the timely posting of the subjects of this meeting.

Recognitions

Dr. Nasworthy called upon Joyce Guillory, Associate Vice President for Human Resources, who introduced new employee David Groenig, Project Director III, in Techlinx at the Pinnacle Campus.

Citizen's Communications

Dr. Nasworthy stated that no one registered to address the Board.

Report from Employee Associations

Full-Time Faculty Senate - Cary Sowell provided a memorandum (Attachment A) which requested changes to the proposed revisions to Board policies V-74, V-75, VIII-70, and VIII-80 concerning removal of specific references to managerial positions. Additionally, she asked that the titles remaining in the Supervisory Faculty section of Policy V-75 be removed.

Adjuncty Faculty Association - George Finan stated that dialogue has begun between the Adjunct Faculty Association and the Full-Time Faculty Senate. He indicated that a committeee of the Adjunct Faculty Association will develop a seniority list for adjunct faculty who have been employed at the College for a period of time. Criteria will be established to allow these faculty members to have priority in terms of scheduling and classes that make.

Professional-Technical Employees Association - Rod Fluker requested that full implementation of Phase II of the Classification and Compensation Plan be completed.

Classified Employees Association - No report was made.

Agenda Item 6756 Consideration of Approval of Minutes for December 15, 1996; January 24-25, 1997; February 3, 1997; and February 17, 1997

Agenda Item 6757 Consideration of Appointment of ACC's 25th Anniversary Steering Committee

Agenda Item 6758 Consideration of Approval of Sabbatical Leaves

Agenda Item 6759 Consideration of Approval of Facilities Contracts

Agenda Item 6760 Consideration of Approval for Purchasing 17 Pentium Computers

Agenda Item 6761 Consideration of Approval for Contracting Temporary Labor (College-Wide)

Agenda Item 6762 Consideration of Employment of Library Automation Project Consultant

Agenda Item 6763 Consideration of Approval of a Sole Source Procurement with TRO Learning Inc. for PLATO Integrated Learning System Software

Dr. Worley requested that Agenda Item 6761, Consideration of Approval for Contracting Temporary Labor (College-Wide) be removed from the Consent Agenda to allow Board discussion.

On Motion of Hunter Ellinger and second by Della May Moore that:

MOTION: Consent Items 6756, 6757, 6758, 6759, 6760, 6762, and 6763 be approved as presented.

VOTE: The motion passed on a unanimous vote. Mack Ray Hernandez was absent for the vote.

Agenda Item 6761 Consideration of Approval for Contracting Temporary Labor (College-Wide)

Dr. Nasworthy introduced the item.

Hunter Ellinger moved that:

MOTION: the contract for temporary labor (College-wide) be approved as presented.

Elvis Eaglin, Manager of Purchasing, responded to questions from Board members regarding contracting for temporary services, the need to determine if there are dollar savings, and the possibility of College hourlies and students providing the requested services.

Dr. Fonte indicated that administration will provide a report to the Board next month regarding the concerns expressed, including use of hourlies; when and why this service is needed; and clearly when it exceeds $5,000.

VOTE: Motion died for lack of a second.

Agenda Item 6764 Consideration of Audited FY96 Financial Statements

Dr. Nasworthy introduced the item and Jerry Miller, Associate Vice President for Business Services, introduced Rick Mendoza of Martinez, Mendoza & Colmenero, and members of the Audit Engagement Team-Milo Martinez, Rosie Mendoza, and Shelly Gaddo. Mr. Martinez discussed some of the housekeeping duties of the audit; Rosie Mendoza presented information concerning the financial issues and requirements and changes from last year; Mr. Martinez discussed the single audit reports; and Ms. Mendoza reported on the schedule of findings and questioned costs. Rosie Mendoza discussed findings noted in the management letter including issues of accounts payable; fixed assets; and financial reporting. Current year comments in the area of Accounting Policies and Procedures included: the general ledger; stale checks; cash receipts; and the fund balance. Current year comments also concerned Governmental Financial Assistance in the areas of the Drug-Free Workplace Policy; Expenditure of Federal Grants/Cash Management; and Eligibility of Services/Grant Awards. Disposition of Prior Year's Comments included: Supervision and Review Process for Financial Accounting Information; Bank Reconciliations; Accounts Payable; Trial Balance; Petty Cash; Fixed Assets; Workers' Compensation Accounting; Responsibility of Management; Drug-Free Workplace Policy; Expenditure of Federal Grants/Cash Management and Indirect Costs.

Board members expressed appreciation to the auditors and Jerry Miller for the information presented.

On motion of Della May Moore and second by Beverly Watts Davis that:

MOTION: the Board of Trustees accept the Audited FY96 Financial Statement as presented by Martinez, Mendoza & Colmenero, P.C.

VOTE: The motion passed on a unanimous vote.

Trustee Mack Ray Hernandez was absent for the vote.

Agenda Item 6765 Consideration of the Report on Corrective Action for the FY97 Budget

Dr. Nasworthy introduced the item, and Dr. Richard Fonte, College President, discussed the Corrective Action Plan for Fiscal Year 1997 including reductions in expenditures resulting in a projected net savings of $748,612 (Attachment B).

On motion of Hunter Ellinger and second by Allen Kaplan that:

MOTION: the Board of Trustees accept the report as presented on corrective action to the FY97 budget.

VOTE: The motion passed on a unanimous vote. Mack Ray Hernandez was absent for the vote.

The Board recessed at 7:55 p.m. and reconvened at 8:40 p.m.

Agenda Item 6766 Consideration of Adoption of Resolution for Participation in an Interlocal Agreement Authorizing Cooperative Purchasing with the Houston-Galveston Area Council of Governments

Dr. Nasworthy introduced the item and Elvis Eaglin, Manager of Purchasing, provided information in response to questions from Board members.

On motion of Allen Kaplan and second by Hunter Ellinger that:

MOTION: the Board of Trustees approve the resolution authorizing the participation of Austin Community College in the proposed Interlocal Agreement.

VOTE: The motion passed on a vote of 6-1.

In favor: Lillian Davis, Beverly Watts Davis, Hunter Ellinger, Sharon Knotts Green, Allen Kaplan, and John Worley

Against: Della May Moore

Mack Ray Hernandez was absent for the vote.

Agenda Item 6767 Consideration of Amendment to Board Policy III- 1, Purchasing of Personal Property, Services, and Construction Services, and Deletion of Board Policy II-41, Contractors, Consultant Services, Professional Services, and Honoraria

Dr. Nasworthy introduced the item and Trustee Hunter Ellinger explained that the proposed amendments would retain the $5,000 figure as the threshold at which an explanatory report must be made to the Board, but would apply the Policy III-1, Board-approval threshold of $25,000 for the actual purchase of services.

On motion of Hunter Ellinger and second by Lillian Davis that:

MOTION: the Board of Trustees amend Board Policy III-1, Purchasing of Personal Property, Services, and Construction Services, and delete Board Policy II-41, Contractors, Consultant Services, Professional Services, and Honoraria to reduce Board approval requirements for consulting services purchasing.

On motion of Della May Moore and second by Beverly Watts Davis that:

AMENDMENT TO MOTION: the Board of Trustees amend Proposed Policy III-1, Purchase of Personal Property, Services and Construction Services, B. BOARD APPROVAL:

"Purchasing, consulting, or contracting expenditures or commitments for related groups of items require specific Board approval of the proposed vendor and price if required by law or if the cost is greater than $50,000 ($100,000). Other such expenditures require such approval unless one or more of the following exceptions applies:"

VOTE ON AMENDMENT TO MOTION: The amendment to the motion failed with the a vote of 3 to 4.

In favor of: Beverly Watts Davis, Allen Kaplan, and Della May Moore

Against: Lillian Davis, Hunter Ellinger, Sharon Knotts Green, and John Worley

Mack Ray Hernandez was absent for the vote.

VOTE ON ORIGINAL MOTION: The motion passed on a vote of 5-2.

In favor of: Lillian Davis, Sharon Knotts Green, Hunter Ellinger, Allen Kaplan, and John Worley

Against: Beverly Watts Davis and Della May Moore

Mack Ray Hernandez was absent for the vote.

Agenda Item 6768 Consideration of Approval of a Proposed New Policy I-17, Auditing, and deletion of Policies I- 11, External Audit, and I-60, Internal Audit

Dr. Nasworthy introduced the item and Board members discussed the proposed new policy.

On motion of Allen Kaplan and second by Beverly Watts Davis that:

MOTION: the Board of Trustees adopt the proposed new Policy 1-17, Auditing, and approve the deletion of Board Policies I-11, External Audit, and I-60, Internal Audit.

VOTE: The motion passed on a vote of 7-0 with Della May Moore abstaining.

Mack Ray Hernandez was absent for the vote.

Agenda Item 6769 Consideration of Adoption of Proposed New Board Policy VIII-6, Staffing, Deletion of Board Policies VIII-3, College Staffing Table, and I-81, Annual Operating Budget and Amended Budget; and Amendment to Board Policy I-27, College Organizational Principles.

Dr. Nasworthy introduced the item and Hunter Ellinger discussed the proposed new policy and suggested Policy VIII-6, Staffing, should be amended to include "a" as follows:

"The President shall, as part of the budget process, publish a staffing table giving the planned distribution of long-term positions for the year, with identification of any changes from the previous year. This staffing table shall list positions, but not the current or planned individuals in the positions."

On motion of Hunter Ellinger and second by Lillian Davis that:

MOTION: the Board of Trustees (1) adopt the proposed new Board Policy VIII-6, Staffing, (as amended), to replace policies VIII-3, College Staffing Table, and I-81, Annual Operating Budget and Amended Budget to clarify Board approval requirements for staffing decisions, and (2) amend Board Policy I-27, College Organizational Pinciples as shown in "bold type".

VOTE: The motion passed by a unanimous vote. Mack Ray Hernandez was absent for the vote.

Agenda Item 6770 Consideration of Amendments to Board Policies V-74, Full-Time Faculty Workloads; V-75, Faculty Evaluation; VIII-70, Full-Time Faculty Contracts; and VIII-80, Part-Time Faculty Workload

Dr. Nasworthy introduced the item and Trustee Hunter Ellinger discussed the proposed amendments.

On motion of Hunter Ellinger and second by Della May Moore that:

MOTION: the Board of Trustees approve the item as presented to remove all references in Policies V-74, Full-Time Faculty Workload; V-75, Faculty Evaluation; VIII-70, Full-Time Faculty Contracts, and VIII-80, Part-Time Faculty Workload, to specific administrative positions below the President either by deletion of the provisions containing them or by substitution of generalized terms, as shown, and with the changes proposed by the Full-Time Faculty Senate (Attachment A).

VOTE: The motion passed by a unanimous vote. Mack Ray Hernandez was absent for the vote.

Information/Reports to the Board

Dr. Nasworthy advised that the personnel actions for January 1997 are included on pages 94-96 of the agenda.

President's Report

Dr. Nasworthy called upon Dr. Richard Fonte, College President, to provide information. Dr. Fonte stated:

a memorandum will be provided regarding an improved budget process that will be more participatory on campus;

a meeting will be held with the College Legal Counsel next week to discuss the Board's policy directive regarding out-of-district tuition and the differential for students who are Pell eligible;

Representative Krusee's Bill concerning overlapping service areas was held in Committee last week, and Representative Hildebran has a bill that would switch Marble Falls from the ACC service area to the Central Texas College service area. He indicated that the Texas Association of Community Colleges opposes both bills since service areas were established last year, and it is too soon to make a change; and

the Exit Interview with the Southern Association of Colleges and Schools (SACS) went very well and the SACS Team indicated the College report should be finished and submitted by May 1. The Team Chair observed that there seems to be no confusion nor question regarding the roles and responsibilities between the Board and the President.

Adjournment

The regular meeting of the Austin Community College Board of Trustees adjourned at 9:40 p.m. on Monday, March 3, 1997.

Approved By

Dr. Carol Nasworthy, Board Chair

Dr. Lillian J. Davis, Board Secretary


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